How is liability assessed when usurped property is damaged or increased in value due to the usurper's action?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If the property is damaged but its value is undiminished, the existing item must be returned along with compensation for the depreciation in value. If both the item and its value are diminished, both are compensated, similar to the case of processing oil. This principle applies to all transformations, such as striking gold nuggets into currency or jewelry, turning clay into bricks, spinning yarn into woven fabric, or bleaching a garment. If the usurper adds an item from his own property, such as using his own nails to affix shelves, he may remove them and is liable for any resulting damage to the shelves. If the nails were made from the usurped wood or belonged to the original owner, the usurper has no right to remove them unless the owner instructs him to do so, in which case he is obligated.
Supporting text
If the usurper uses his own nails and then gifts them to the owner, there are two opinions on whether the owner is compelled to accept the gift.